Lawyers for the state were grilled Wednesday by Leon Circuit Judge Jackie Fulford over the Legislature’s move to rewrite the Florida Retirement System and pull 3 percent payroll contributions from some 700,000 government workers.
Lawmakers were able to use the more than $1 billion from teachers, state workers and other public employees as savings last spring, helping cover what then was an almost $3.8 billion budget shortfall. The Florida Education Association and other public employee unions argued before Fulford that the change is an unconstitutional violation of collective bargaining guarantees.
But attorneys Doug Hinson and David Godofsky, from the blue-chip law firm, Alston & Bird, representing the state, argued that past case law gives lawmakers authority to make such revisions — which they labeled a “modification.”
In an unusual move, Fulford left the bench to get a better look at slides Hinson was projecting on a courtroom viewing screen. En route to the floor, Fulford delivered a stunning message:
“I disagree with you,” she said.
Fulford, who last month ruled lawmakers violated the constitution by approving a massive prison privatization plan for South Florida in the budget — rather than a separate bill — said she doesn’t know how she’ll decide the pension case. But she acknowledged having a “fundamental difference,” with the state’s interpretation of its authority.
The Florida Education Association sued Wednesday to overturn the new state law that ends teacher tenure and introduces merit pay based in large part on how students perform on standardized tests.
The state’s largest teachers’ union said the measure — approved by the Republican-ruled Legislature and the first bill signed into law by Gov. Rick Scott — violates constitutional collective bargaining guarantees. Employment terms are to be decided by negotiations between teachers and school districts — not by state lawmakers, said Ron Meyer, attorney for the FEA, which filed the suit on behalf of six school teachers.
“It strains credulity that people in Tallahassee, over in the Capitol, know better than the people on the ground,” Meyer said.
Andy Ford, FEA president, said the new standard — approved in a mostly party-line vote, with legislative Democrats opposed — “totally changed the teaching profession in Florida.”
“It denies teachers the constitutional right to collective bargaining,” Ford said.
The merit pay legislation requires that 50 percent of a teacher’s evaluation be based on student achievement on tests — including the Florida Comprehensive Assessment Test (FCAT) and other standardized exams, most of which must still be developed by state and local educators.
Under the bill, current teachers would retain existing pay schedules and contracts — even those spanning multi-years. They could lose their jobs, though, if they drew two subpar annual evaluations within three years.
Teachers hired after July 1, however, are limited to one-year contracts and would draw raises only if rated “effective” or “highly effective.”
Former Gov. Charlie Crist vetoed a similar bill last year. But during last fall’s governor’s race, Scott made ending teacher tenure and enacting merit pay a central portion of his campaign, with the FEA throwing in heavily behind Democrat Alex Sink.
After months of promising action, the state’s largest teachers’ union looks ready to bring Gov. Rick Scott and the Republican-ruled Legislature to court in an attempt to overturn a measure that creates a new merit pay standard and ends teacher tenure.
The legislation (CS/SB 736) was the first bill signed into law this spring by Scott. But it also marked was the culmination of a increasingly bitter clash between Florida Republicans and the Democratic-allied Florida Education Association, a struggle whose roots are deep.
FEA President Andy Ford and other leaders of the teachers’ group plan to outline the lawsuit they plan to file during a news conference and media call tomorrow.
The merit pay legislation requires that 50 percent of a teacher’s evaluation be based on student achievement on tests — including the Florida Comprehensive Assessment Test (FCAT) and other standardized exams, most of which must still be developed by state and local educators.
Under the bill, current teachers would retain existing pay schedules and contracts — even those spanning multi-years. They could lose their jobs, though, if they drew two subpar annual evaluations within three years.
Teachers hired after July 1, however, are limited to one-year contracts and would draw raises only if rated “effective” or “highly effective.”
Former Gov. Charlie Crist vetoed a similar bill last year. But during last fall’s governor’s race, Scott made ending teacher tenure and enacting merit pay a central portion of his campaign, with the FEA throwing in heavily behind Democrat Alex Sink.
The FEA is already squared off against the Legislature, having earlier this summer sued to overturn a proposed constitutional amendment put on next year’s ballot to lift the state’s more than century-old prohibition on tax dollars flowing to religious institutions.
The state’s largest teachers’ union, which has already sued Gov. Rick Scott over the new law requiring payroll contributions to the Florida Retirement System, went a little more public Tuesday with its criticism of the Republican governor.
About 250 Florida Education Association members wore ‘Pink Slip Rick’ t-shirts on the convention floor at the National Education Association’s annual meeting in Chicago.
“Rick Scott wants to protect Wall Street over Main Street with his plan to dole out tax breaks to CEOs while handing pink slips to middle class Floridians,” said FEA President Andy Ford.
The FEA last week absorbed a setbackin the lawsuit it is leading on behalf of public employee unions, when a Leon County circuit judge refused to order the state to set aside potentially millions of dollars pending the outcome of the legal challenge. FEA had sought the temporary injunction while the lawsuit over the constitutionality of the pension law proceeds.
The state’s largest teachers’ union joined with other labor groups Monday in suing to overturn a new 3 percent payroll contribution for the 655,000 workers who belong to the Florida Retirement System, claiming the change violates a 37-year-old contractual agreement with public employees.
The lawsuit was filed in Leon County Circuit Court. But Ron Meyer, a lawyer for the Florida Education Association which filed the suit on behalf of 11 government workers who are members of the FRS, said it will likely wind up being settled in coming months by the Florida Supreme Court.
Meanwhile, the 3 percent contributions, which kick-in July 1, should be segregated in a state account, awaiting the legal outcome, Meyer said. Documents requesting an injunction to set aside the money has been filed by the FEA with Circuit Judge Jackie Fulford, who has been assigned the case
“We believe a promise is a promise and the state of Florida should live by the promises it makes,” Meyer said Monday.
The Republican-ruled Florida Legislature agreed to stop the full-employer paid provision of the FRS, instead making employees pay 3 percent of their paychecks into the plan. The roughly $1 billion drawn into state coffers with the employee contributions helped lawmakers cover an almost $3.8 billion budget shortfall.
Teachers and other school personnel represent the majority of the 655,000 members of the FRS affected by the new law. But the 11 workers suing the state include members of the AFL-CIO, American Federation of State, County, and Municipal Employees (AFSCME), Fraternal Order of Police, and Service Employees International Union (SEIU).
“It’s a contractual right,” Meyer said of what the union contends lawmakers have violated. “IF you had a 30-year mortgage to buy a house, would your lender 20 years in tell you the house is going to cost 3 percent more?”
Tampa Bay teachers’ groups and other Democratic allies plan to rally against Republican Gov. Rick Scott when he throws out the first pitch at tonight’s season-opening, Rays-Baltimore Orioles game.
But there’s apparently little doubt about what kind of pitch the crafty righthander — and political right-leaner — plans to throw tonight.
“It’ll be either down the middle, or probably more like high — and to the right,” Brian Burgess, the governor’s communications director, said Friday.
Along with the Scott boo birds in the sell-out crowd at St. Petersburg’s Tropicana Field, area Republicans are trying to rally supporters to balance out the numbers at tonight’s game.
Gov. Rick Scott reenacted Friday his signing into law legislation restricting teacher tenure and introducing merit pay — steps fiercely fought by the state’s teachers’ union.
“The big winner here is all our kids,” Scott assured in a brief ceremony at the Capitol, flanked by House and Senate sponsors of the measure, approved last week by the Republican-ruled Legislature.
It’s the first state law enacted by the rookie governor. “Good start, governor,” shouted Sen. Don Gaetz, R-Niceville, after Scott put down his pen.
Scott formally signed the legislation Thursday at a Jacksonville school, capping a long political march by Republican leaders. Florida GOP lawmakers have been pushing back against the Florida Education Association for years and got close last year to enacting the merit pay bill – only to have then-Gov. Charlie Crist veto it.
Scott indicated Friday that he’s got plenty more to change in Florida schools.
“We’ve got to get charter schools expanded, we’ve go to give our public schools the opportunity to be run by third parties and be way more innovative,” said Scott — who declined to take questions following the ceremony.
House members wrangled for hours Wednesday before the powerful Republican majority drove through legislation revamping how Florida teachers are paid, defying union officials who now may renew their fight in court.
The 80-39 vote divided strictly along party lines — with Democrats on the losing end.
“This is unquestionably a footprint in the sand moment,” said House sponsor Erik Fresen, R-Miami. “You will regret this 20 years from now if you vote against it.”
But Democrats argued fiercely against the measure (CS/SB 736) which now goes to Republican Gov. Rick Scott, who is expected to sign it into law.
Democrats blistered the proposal for outlining a merit-pay plan for teachers, but not providing any money for the new system. They also warned that with student performance key to teacher salaries, county school boards will have to divert dwindling school dollars toward more testing.
“This is the mother of all unfunded mandates,” said Rep. Scott Randolph, D-Orlando.
The Florida House is poised today to approve legislation ending tenure and tying teacher pay to how much students improve in their classes.
The bill also will be chalked up as a major victory for ruling Republican lawmakers over the state teachers’ union, which has been a huge supplier of campaign cash and activists to Democratic political campaigns.
Democrats, outnumbered more than two-to-one in the House, have been pushing back, and a vote isn’t expected until early evening. House Speaker Dean Cannon, R-Winter Park, already having set aside six hours for debate on the measure.
The Florida Senate began debate Thursday on a controversial plan to end teacher tenure and introduce merit pay based heavily on student performance.
Former Gov. Charlie Crist vetoed a similar measure last year following a major campaign against SB 6 by the state’s teachers’ union. But fast-forward a few months and the new, slightly modified bill (CS/SB 736) — dubbed ‘son of 6′ — is on a fast-track.
Critics still abound. But they’re clearly outnumbered.
“I’m an old math teacher. I can count,” said Democratic Sen. Bill Montford of Tallahassee, a longtime educator who has a middle-school named after him in Leon County. “I know this is going to pass.”
The Florida teachers’ union filed a lawsuit today to keep a constitutional amendment watering down class size restrictions off the ballot in November.
The GOP-dominated legislature put Amendment 8 on the ballot to allow school districts flexibility with constitutionally-mandated class size restrictions voters approved in 2002.
The class sizes have been eased in over time and this year are set to go from school-level averages to individual classroom pupil/teacher limits.
The proposed amendment, if approved by voters in November, would keep the averages at the school level.
But Ron Meyer, the lawyer representing the Florida Education Association and who filed the lawsuit this morning, contends that the amendment is really about stiffing taxpayers by not adequately funding education as the state constitution requires.
Lawmakers failed to put $354 million needed to comply with the class sizes into the budget this year, Meyer said.
The ballot title and summary don’t tell voters that the real aim of the amendment is to cut back on education spending, he accused.
“The failure of the legislature to be honest with parents – to tell them that Amendment 8 cuts funding to public schools which will result in crowded classrooms once again – is what makes this lawsuit necessary,” Meyer said in a press release.
Chief Financial Officer Alex Sink, a Democrat running for governor, said she supports the amendment because it gives flexibility to school districts.
Above is the television ad from the Florida Education Association thanking Gov. Charlie Crist for vetoing the controversial teacher tenure bill last week. It sounds like this version is on the air in the Tallahassee market and something similar will be up soon across the state.
Meanwhile, we were leaked part of a recent poll from Hamilton Campaigns that asked 700 likely Florida voters these questions:
Attorney General and GOP gubernatorial hopeful Bill McCollum blamed the teachers’ union for Florida’s failure to win out on the first round of federal “Race to the Top” education funds.
The Florida Education Association, that opposed the stimulus funds, is “now responsible for the loss of potentially hundreds of millions of dollars for Sunshine State students, teachers and schools,” McCollum campaign manager Matt Williams said in a press release.
“Today’s announcement by the U.S. Department of Education that Florida was not selected as a first round winner of the Race to the Top competition is a disappointing reminder the unions will continue to put the interests of bureaucracy over the best interests of Florida’s children,” Williams accuses.
Where's the money? Use The Post's interactive database of who wants and who's getting federal dollars.
Use these interactive graphics to find and contact Palm Beach County and Treasure Coast legislators.
